CLASS #1 (Agents & Advisors)
questions with answers.
NCAA Rules: Bylaws and Interps ANS -
NCAA Bylaw 12.3.1 (Use of Agents) ANS - ~An individual shall be ineligible for participation in an
intercollegiate sport if the individual ever has agreed (orally or in writing) to be represented by an agent
for the purpose of marketing athletics ability or reputation in that sport. Further, an agency contract not
specifically limited in writing to a sport or particular sports shall be deemed applicable to all sports, and
the individual shall be ineligible to participate in any sport.
NCAA Bylaw 12.3.1.1 (Representation for Future Negotiations) ANS - An individual shall be ineligible per
Bylaw 12.3.1 if he or she enters into a verbal or written agreement with an agent for representation in
future professional sports negotiations that are to take place after the individual has completed his or
her eligibility in that sport.
NCAA Bylaw 12.3.1.2 (Benefits from Prospective Agents) ANS - An individual shall be ineligible per
Bylaw 12.3.1 if he or she (or his or her relatives or friends) accepts transportation or other benefits from:
(Revised: 1/14/97)
(a) Any person who represents any individual in the marketing of his or her athletics ability. The receipt
of such expenses constitutes compensation based on athletics skill and is an extra benefit not available
to the student body in general; or
(b) An agent, even if the agent has indicated that he or she has no interest in representing the student-
athlete in the marketing of his or her athletics ability or reputation and does not represent individuals in
the student-athlete's sport.
NCAA Advisor Legislation ANS - More often in hockey and baseball
NCAA Bylaw 12.3.2 (Legal Counsel) ANS - Securing advice from a lawyer concerning a proposed
professional sports contract shall not be considered contracting for representation by an agent under
this rule, unless the lawyer also represents the individual in negotiations for such a contract.
, NCAA Bylaw 12.3.2.1 (Presence of a Lawyer At Negotiations) ANS - A lawyer may not be present during
discussions of a contract offer with a professional organization or have any direct contact (in person, by
telephone or by mail) with a professional sports organization on behalf of the individual. A lawyer's
presence during such discussions is considered representation by an agent.
Student-Athlete Advisors (BASEBALL: NEW RULE) ANS - NCAA adopted a proposal that allows drafted,
prospective baseball student-athletes to retain an agent for contract negotiations, provided that the
relationship is severed if the student decides to enroll in college and play baseball in Division I.
NCAA Interp (Advice from Lawyers and Agents) ANS - A lawyer or agent may provide advice to an
individual regarding the merits of a contract, provided he or she has no contact with the professional
sports organization and does not market the individual's athletics ability or reputation in a particular
sport [NCAA Interp. June 30, 1989]
NCAA Interp (Consultation on Contracts) ANS - NCAA legislation was not intended to restrict individuals
other than lawyers (e.g., financial consultants, family friends) from giving advice regarding professional
contracts provide the individual does not represent the student-athlete in negotiations for such a
contract. [NCAA Interp. July 9, 1987]
NCAA Interp (Contact between Agents/Advisors and Professional Sports Leagues/National Governing
Bodies) ANS - A lawyer/advisor may communicate with a national governing body (or professional team
per Phil Hunt's [NCAA] interpretation), as long as such communication does not involve negotiation of
the terms and conditions of a contract. The lawyer/advisor should also not engage in communication
that is considered to be marketing the talents of the student-athlete. [NCAA Interp. (Staff Action) July 2,
2003]. Conversely, the NCAA Committee on Reinstatement withheld a student-athlete from the first
30% of the team's competitions and required the student-athlete to repay $100 to charity, because an
advisor sent medical records to a professional organization. [NCAA Eligibility Case No. 24719]
NCAA Men's Basketball Agent Certification Process (Requirements) ANS - ~Have a bachelor's degree or
currently certified and in good standing with the NBPA;
~Have been NBPA certified for at least three consecutive years and be in good-standing;
~Maintain professional liability insurance;
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